IJNetwork Press Release (html)

Bates Mem. Opinion Dismissing Wazir Petition (pdf)

June 29, 2009, New York, NY— International Justice Network (IJNetwork), the organization representing detainees held by the United States government without charge at Bagram Prison in Afghanistan, called on the Obama Administration today to end the indefinite detention without trial of Afghan civilians held in US custody.

Earlier today, Judge John D. Bates of the U.S. District Court for the District of Columbia, issued a ruling dismissing the petition of an Afghan civilian held at Bagram without charge for more than 6 years.

In April 2009, Judge Bates had ruled that three other IJNetwork clients detained without charge at Bagram -- two Yemenis and one Tunisian citizen -- had the right to petition US courts for their release. In distinguishing yesterday's decision, Judge Bates reasoned that because the petitioner was a citizen of Afghanistan, rather than a Yemeni or Tunisian citizen held at Bagram, he had no right to petition the US courts for his release.

"It is now more urgent than ever that the Obama administration finally step up to the plate and end the Bush administration's inhumane and unlawful detention practices in Afghanistan" said Tina Monshipour Foster, IJNetwork's Executive Director. "If President Obama doesn't remedy the situation created by today's court decision, Afghan citizens will be denied equal access to our courts," added Foster. "Such a gross inequality does great harm to America's reputation as a nation committed to justice and equality for all people."

IJNetwork Litigation & Advocacy Director, Barbara J. Olshansky, stated that "President Obama must do more than issue platitudes about closing Guantanamo, he must establish a fair and effective system of justice that applies to all individuals who we take into our custody and control, no matter where in the world we decide to locate the prison." In response to today's court decision, Olshansky added "innocent civilians should not have to languish in prison solely because they are citizens of Afghanistan -- the present administration can, and must, provide fundamental rights to everyone it chooses to detain, regardless of race, ethnicity, or religion."